No one ever expects to be injured in public, but when it does happen, the consequences can be devastating. If you've been injured in a public place and believe someone else is responsible, you may be entitled to a public liability compensation claim. Here at State Law Group, our experienced lawyers are dedicated to helping personal injury victims get the compensation they deserve. We understand that this time can be difficult for you and your family, and we're here to help you through it.
What is a public liability claim?
A public liability claim is a personal injury claim made against a person or organisation who legally has a duty of care responsibility for the safety of public spaces. This could include businesses, councils, schools, shops, and other public places. If you've been injured in a public place and believe someone else is to blame, you may be able to make a public liability claim.
That's why it's important for companies to have public liability insurance. This type of insurance can help cover the costs of damages if a company is sued for accidents and injuries sustained within their duty of care.
What are the most common claims for public liability?
Here are 8 common examples for public liability claims.
1. Bodily Injury
One of the most common claims made in a public liability case is for bodily injury. This type of claim can be made if you are injured as a result of someone else’s negligence, such as if you slip and fall on a wet floor that was not properly marked.
2. Property Damage
Another common type of claim made in a public liability case is for property damage. This can occur if your property is damaged as a result of someone else’s negligence, such as if a tree falls on your house during a storm because it was not properly trimmed.
3. Emotional Distress
Emotional distress claims are also common in public liability cases. This type of claim can be made if you suffer from emotional trauma as a result of someone else’s negligence, such as if you witness a traumatic event that was not your fault.
4. Loss of Income
Past and future loss of income claims are also common in public liability cases. This type of claim can be made if you lose income as a result of someone else’s negligence, such as if you are unable to work because of an injury that you sustained.
5. Loss of Services
Past and future loss of services claims are also common in public liability cases. This type of claim can be made if you lose the use of something as a result of someone else’s negligence, such as if your car is damaged in an accident that was not your fault
6. Pain and Suffering
Pain and suffering claims are also common in public liability cases. This type of claim can be made if you experience pain and suffering as a result of someone else’s negligence, such as if you are injured in an accident that was not your fault
7. Punitive Damages
Punitive damages claims are also common in public liability cases. This type of claim can be made if you believe that the person who caused your injuries should be punished, such as if they were driving under the influence at the time of the accident
8. Wrongful Death
Wrongful death claims are also common in public liability cases. This type of claim can be made if someone dies as a result of someone else’s negligence, such as if they die in a car accident that was caused by another driver
What are the benefits of making a public liability claim?
There are many benefits to making a public liability claim, including:
1. You May Be Entitled to Compensation
If you have been injured in an accident that was not your fault, you may be entitled to compensation. Compensation can help to cover the cost of medical treatment, lost wages, and other expenses related to the accident.
2. It Holds the At-Fault Party Responsible
Filing a public liability claim can also hold the at-fault party responsible for their actions. This is important not only for you, but also for others who may be harmed by the at-fault party in the future.
3. It May Determine Who Was at Fault
In some cases, filing a public liability claim may be the only way to determine who was at fault for an accident. This is especially true if there are no witnesses to the accident.
4. It Can Help to Prevent Future Accidents
By holding the at-fault party responsible for their actions, you can help to prevent future accidents from happening. This is because the at-fault party will be more likely to take precautions to avoid another accident from occurring.
5. It Can Help You Get Your Life Back on Track
The physical and emotional toll of an accident can be significant. Filing a public liability claim can help you get your life back on track by providing you with the financial resources you need to recover and move on with your life.
Am I eligible to make a public liability claim?
To be eligible to make a successful public liability claim, consider the following check points:
1. You must have been injured in some way
In order to make a public liability claim, you must have been injured in some way. This can include physical injuries, emotional injuries, or financial losses. If you have not been injured, you will not be able to file a claim.
2. The injury must have been caused by someone else
The injury that you sustained must have been caused by someone else. This means that you cannot make a claim if the personal injury was your own fault. For example, if you trip and fall, you would not be able to file a claim against the person who owns the property where you fell.
3. The injury must have been caused by negligence
In order for your injury to be eligible for public liability claims, it must have been caused by negligence. This means that the person who caused your injury must have failed to take reasonable care to prevent it from happening. For example, if a property owner fails to fix a dangerous condition on their property, and you are injured as a result, they may be held liable for breaching their duty of care.
4. You must have suffered some type of loss
In order to file a public liability claim, you must have suffered some type of loss as a result of the personal injury that you sustained. This can include medical expenses, lost wages, pain and suffering, or other damages. If you have not suffered any type of loss, you will not be able to make a claim.
Who can be held liable in public liability claims?
There are a variety of people and entities who can be held liable in public liability claims, including:
1. Property Owners
If you are injured on someone else’s property, the property owner may be held liable. This is because property owners have a duty to keep their property safe for visitors. If they fail to do so, and you are injured as a result, they may be held liable.
2. Business Owners
If you are injured at a business, the business owner may be held liable. This is because businesses have a duty to keep their premises safe for customers and employees. If they fail to do so, and you are injured as a result, they may be held liable.
3. Government Entities
If you are injured as a result of the negligence of a government entity, you may be able to make a claim against that entity. This is because government entities have a duty to keep their premises safe for citizens. If they fail to do so, and you are injured as a result, they may be held liable.
How to file a public liability claim
If you believe that you have a product liability claim, there are a few steps that you will need to take in order to file a successful claim.
1. Determine if You Have a Valid Claim
The first step in filing a public liability claim is to determine if you have a valid claim. To have a valid claim, you must be able to show that you were injured as a result of someone else’s negligence. Negligence is defined as the failure to take reasonable care to avoid causing injury or damage.
2. Gather Evidence
If you believe that you have a valid claim, the next step is to gather evidence to support your claim. This evidence can include medical records, eyewitness testimony, photographs, and video footage. The more evidence you have, the stronger your claim will be.
3. Calculate Your Damages
Once you have gathered all of the evidence, you will need to calculate your damages. This includes both economic and non-economic damages. Economic damages are those that have a specific monetary value, such as medical bills and lost wages. Non-economic damages are those that do not have a specific monetary value, such as pain and suffering and emotional distress.
4. Find an experienced lawyer
The next step is to find a solicitor who specialises in public liability claims. It is important to find a solicitor who has experience with these types of claims, as they can be complex and time-consuming. Once you have found a solicitor, they will assess your case and advise you on the best course of action.
5. File Your Claim
Once you have gathered all of the necessary evidence and spoken with a solicitor, you are ready to file your claim. This can be done online or by post. You will need to include all of the evidence that you have gathered as well as your damages calculation. Once your claim has been filed, it will be assessed by an insurance company or court.
6. Receive Your Settlement
If your claim is successful, you will receive a settlement from the insurance company or court. This settlement will cover your economic damages, such as medical bills and lost wages, as well as your non-economic damages, such as pain and suffering
What are the deadlines for filing public liability claims?
In Australia, the time limits for filing public liability claims is generally three years from the date of the injury. However, there are some exceptions to this rule. If you are unsure about the strict time limits for your specific case, you should speak with a solicitor.
How do I appeal a denial of my public liability claim?
If your public liability claim is denied, you have the right to appeal the decision. The first step in appealing a denial is to request a copy of the insurance company’s denial letter. This letter will state the reason for the denial of your claim. Once you have this letter, you can then start the appeals process. The appeals process will vary depending on the insurance company, but it typically involves submitting a written appeal. If your appeal is unsuccessful, you may have the right to take your case to court.
How State Law Group can help you file a successful public liability claim
At State Law Group, we have a team of experienced solicitors who can help you with every step of your public liability claim. We will assess your case and gather all of the necessary evidence to support your claim. We will also calculate your damages and file your claim for you. If your claim is denied, we will appeal the decision on your behalf. Contact us today to learn more about how we can help you with your public liability claim.
